49 CFR § 386.31 - Official notice.

---
identifier: "/us/cfr/t49/s386.31"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 386.31 - Official notice."
title_number: 49
title_name: "Transportation"
section_number: "386.31"
section_name: "Official notice."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "386"
part_name: "RULES OF PRACTICE FOR FMCSA PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87."
regulatory_source: "50 FR 40306, Oct. 2, 1985, unless otherwise noted."
cfr_part: "386"
---


# 386.31 Official notice.

Upon notification to all parties, the Agency Decisionmaker or Administrative Law Judge may take official notice of any fact or document not appearing in evidence in the record. Any party objecting to the official notice must file an objection within 10 days after service of the notice. If a Final Order has been issued, and the decision rests on a material and disputable fact of which the Agency Decisionmaker has taken official notice, a party may challenge the action of official notice in accordance with § 386.64.

[70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]